BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Lellan of Calin v Sir Thomas Burnet, Doctor of Medicine. [1694] 4 Brn 202 (25 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040202-0454.html

[New search] [Printable PDF version] [Help]

[1694] 4 Brn 202      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

M'Lellan of Calin
v.
Sir Thomas Burnet, Doctor of Medicine

Date: 25 July 1694

Click here to view a pdf copy of this documet : PDF Copy

Mersington reported the bill of suspension, M'Lellan of Calin against Sir Thomas Burnet, doctor of medicine. His reason of suspension was, That though the bond was for £100 sterling, yet you declared, if I paid at Candlemas 1200 merks, you would accept of it; and I, being disappointed then of money, am content to pay it now.

The Lords found this was not a penalty, but a restriction, and, having failed, he cannot now be admitted to purge it; and was not of the nature of pactum legis commissoriœ in pignoribus; and, therefore, refused the bill, and found him liable in the whole.

Vol. I. Page 638.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010